IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

SALAHUDDIN SHABAZZ : CIVIL ACTION

:

v. :

:

GEO WARDEN, STAFF, et al. : NO. 05-4761

M E M O R A N D U M

GILES, CH. J. SEPTEMBER , 2005

Plaintiff, a prisoner at the George W. Hill

Correctional Facility, is seeking to bring a civil action without

prepayment of fees. In his complaint, plaintiff alleges that

proper medical procedures were not being followed by the medical

staff in his cell block "until [he] removed [himself] from the

block, and went to [the] Shift Commander's office." Plaintiff

claims that on one occasion he did not receive his "main meds" on

time, and that when he "first arrive[d] at medical," he waited

for 1 1/2 hours before being examined, and follow-up contact with

the medical staff was delayed overnight. Plaintiff does not

indicate the nature or severity of his medical condition, if any. 

Plaintiff further alleges that he was assaulted by his cellmate,

who bit his "left leg after assault." Plaintiff fails to

indicate whether he was injured during the assault. Although the

alleged assailant was assigned to a new cell, he is still in

plaintiff's cell block. Plaintiff asserts that this prisoner

should have been moved to a new cellblock, and should be provided

"proper medical attention" for "mental problems." Plaintiff does

not allege that he has had any further contact with his

assailant, and states that he declined to "press charges" after

Case 2:05-cv-04761-JG Document 2 Filed 09/29/05 Page 1 of 4
1. The three most recent civil actions filed by plaintiff which

were dismissed are as follows: (1) Civil Action No. 96-2858 was

dismissed as frivolous by order of this Court dated May 7, 1996;

(2) Civil Action No. 96-2482 was dismissed as frivolous by order

of this Court dated July 9, 1996; and (3) Civil Action No. 96-

2430 was dismissed as frivolous by order of this Court dated

April 19, 1996.

the assault. Finally, plaintiff claims that some of his personal

property has been missing since the assault. As relief,

plaintiff seeks an order releasing him from confinement, and

requiring that the prison follow "corrected and proper

procedures."

Pursuant to 28 U.S.C. § 1915(g), a prisoner who on

three or more prior occasions while incarcerated has filed an

action in a federal court that was dismissed as frivolous,

malicious, or for failure to state a claim upon which relief may

be granted, must be denied in forma pauperis status unless he was

in imminent danger of serious physical injury at the time that

the complaint was filed. Abdul-Akbar v. McKelvie, 239 F.3d 307

(3d Cir.), cert. denied, 533 U.S. 953 (2001).

Plaintiff has on "three or more prior occasions while

incarcerated" filed civil actions in this Court which were

dismissed as frivolous.1 Furthermore, nothing in plaintiff's

complaint suggests that he was in imminent danger of serious

physical injury at the time that this complaint was filed. 

Accordingly, plaintiff's motion to proceed in forma

pauperis will be denied. An appropriate order follows.

Case 2:05-cv-04761-JG Document 2 Filed 09/29/05 Page 2 of 4
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

SALAHUDDIN SHABAZZ : CIVIL ACTION

:

v. :

:

GEO WARDEN, STAFF, et al. : NO. 05-4761

O R D E R

AND NOW, this day of September, 2005, in

accordance with the accompanying memorandum, IT IS HEREBY ORDERED

that plaintiff's motion for leave to proceed in forma pauperis is

DENIED pursuant to 28 U.S.C. § 1915(g).

BY THE COURT:

/S/ JAMES T. GILES, J.

Case 2:05-cv-04761-JG Document 2 Filed 09/29/05 Page 3 of 4
Case 2:05-cv-04761-JG Document 2 Filed 09/29/05 Page 4 of 4